R85-11 05-13-85RESOLUTION NO. R85-11
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT
TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS
EXTRATERRITORIAL JURISDICTION
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended,
provides that no land within the Corporate limits of a City or
within the extraterritorial jurisdiction of a City, shall be
included within a Municipal Utility District unless the City
grants its written consent, by resolution or ordinance, to the
inclusion of the land within a district; and
WHEREAS, the City Council of the City of Pearland, Texas,
hereby affirmatively finds and determines, that there exists
within the extraterritorial jurisdiction of the incorporated City
of Pearland, Brazoria County, Texas, an area in which the
landowners have requested that a Municipal Utility District be
created; and
WHEREAS, it is now contemplated that such Municipal Utility
District shall be organized under the authority of Article XVI,
Section 59, of the Texas Constitution and in accordance with and
having all of the powers provided by Chapter 54, Title 4, Texas
Water Code, as amended; and
WHEREAS, it is proposed that said political subdivision
shall be known as Brazoria County Municipal Utility District NO.
10 of Brazoria County, Texas; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
1. That all of the matters and facts set forth in the
preamble hereof are true and correct.
2. That upon the following terms and conditions the City
Council of the City of Pearland, Texas, hereby specifically gives
its written consent, as provided by Section 54.016, Texas Water
Code, as amended, to the creation of a Municipal Utility District
within the extraterritorial jurisdiction of said City. Said
Municipal Utility District shall be created by authority of
Article XVI, Section 59, Texas Constitution, and in accordance
with the provisions of Chapter 54, Texas Water Code, as amended.
The Municipal Utility District shall be named Brazoria County
Municipal Utility District No. 10, the boundaries of such
District being described by metes and bounds in Exhibit "A",
attached hereto and made a part hereof for all purposes.
3. Except to the extent herein set forth, the consent
herein granted is conditioned upon the terms, conditions and
covenants as follows:
(a) That the aforedescribed Municipal Utility District, and
all owners or developers within said District, shall abide by and
adhere to all of the terms and conditions set forth in Exhibit
"B" attached hereto and made a part hereof for all purposes; and
(b) That the District shall issue bonds, warrants or other
debt obligations, in the manner and to the extent authorized by
the Constitution and laws of the State of Texas, for the purpose
of providing fire protection services to the residents of the
District when it is determined by the City and the District
issuing such bonds, warrants or other debt obligations that such
services are needed for the health, safety and general welfare of
the residents of the District; and
(c) That the owner or developer of the land within the
boundaries of Brazoria County Municipal Utility District No. 10
will covenant and agree that he, they, or it, will develop said
areas within said District in accordance with the following
development criteria, to-wit:
(1) That all areas within the aforenamed District
shall be developed in general accordance with the Conceptual
Plan and Density Ratios set forth on the Conceptual Plan
attached hereto as Exhibit "C" and made a part of this
resolution for all intents and purposes.
(2) That the owner or developer shall not develop the
property in such a manner as to exceed a total number of
dwelling units per acre or its equivalent for each land use
-2-
designated based upon the following: 21.78 dwelling units
per acre for multi-family residential development; 15
dwelling units per acre for townhome residential
development; 8 dwelling units per acre for patio home
development; 4.5 dwelling units per acre for single family
residential development.
(3) That all developed lots intended for use as single
family detached dwellings shall be of a minimum size of
sixty (60) feet in width and one hundred five (105) feet in
depth, and all lots fronting on any cul-de-sac street shall
have a minimum front width of not less than Thirty-Five (35)
feet, and a total square foot lot area of not less than 6300
square feet.
(4) That all developed lots intended for use as patio
house dwellings shall be of a minimum size of fifty (50)
feet in width and a total square foot lot area of not less
than 5,000 square feet.
(5) In all areas where patio homes or
townhouses/condominiums are developed, there shall be at
least 900 sq. ft. of common recreational areas per dwelling
unit. The minimum area of any common recreational space
shall be 6000 sq. ft. Each common recreational area shall
be within 300 ft. of all dwelling units to be intended to
serve measured along a route of pedestrian access. Each
required common recreational area shall be appropriately
graded, turfed, surfaced or otherwise landscaped and
provided with suitable drainage facilities. Facilities such
as pedestrian ways and swimming pools may be included as
part of the required recreational space having the required
minimum width. Off-street parking areas and service drives
are not included as part of such areas.
(6) That all developed lots abutting existing or
future easements within the District for high pressure
natural gas transmission lines shall have no single family
-3-
and
Charter of
resolved.
PASSED
1985, at a
required by law.
building structure closer than sixty five (65) feet from the
nearest boundary of such an easement.
4. That this Resolution shall take effect immediately from
after its passage in accordance with the provisions of the
the City of Pearland and it is accordingly so
ATTEST:
City~ec~
AND APPROVED this /J day of ~ ,
regular meeting of the City Council duly called as
CITY OF PEARLAN TEXAS
By: C~F-~/~' ~
TOM REID, Mayor
City of Pearland, Texas
-4-
APPROVED AS TO CONTENT:
CENTURY C RPORATION, a Texas
cor ion
ATTEST:
(2/„.44,
/e.„3.
AZ51 'Secretary Name:Av 7-arR
Title: /deeesot _
MAGNOLIA INVESTMENT PROPERTIES,
INC. , a Te as co potation
ATT T
By.
Secretary me:
Title,
APP VED BY LIENHOLDERS:
SOUTHMORE SAVINGS ASSOCIATION,
a Texas savings and loan
associatio
ATTEST:
By:
Secretary ame•
Titl. .
D. LEWIS
KATHERINE E:NilippI
1111
LARRY B.
Exhibit "A" (41.1)
OEHN 5999 W. 34TH
NGINEERS, INC. SUITE 100
HOUSTON,TEXAS 77092
713/682-2527
FIELD NOTE DESCRIPTION FOR A
337 . 4901 ACRE TRACT IN THE
H . T . & B . R . R . CO . SURVEY , A-300 AND
THE R . B . LYLE SURVEY , A- 540
BRAZORIA COUNTY , TEXAS
Being a 337 . 4901 acre tract located in the H .T. & B .R.R . Co .
Survey , Abstract No . 300 , Section 81 and the R .B. Ly-le Survey ,
Abstract No . 540 , Section 88, Brazoria County , Texas , and also
being all of Lots 2 , 3 , and 5 , Lots 11 through 15 , inclusive ,
Lots 23 , 24 , and 25 , being part of and out of Lots 31 and 32 , and
being all of Lots 33 , 34, and 35 of Section 81 , and being_ part of
and out of Lots 1 and 2 of Section 88, both sections being out of
the Allison-Richey Gulf Coast Home Co. Subdivision , according to
the plat thereof recorded in Volume 2 , Page 98, of the Brazoria
County Map Records and being all of the southwest quarter of the
said H .T . & B.R .R . Co. Survey ; said 337 . 4899 acre tract being
more fully described as follows :
BEGINNING at a found boat spike marking the southwesterly corner
of the said H.T. & B .R .R . Co . Survey ; said point also being the
southeasterly corner of the J.S . Talmage Survey , Abstract No .
564, the northwesterly corner of the said R .B . Lyle Survey , the
northeasterly corner of the H .T. & B.R .R . Co. Survey , Abstract
No. 298 , and being on the centerline of County Road 59 ( 53 foot
width ) ;
THENCE N 00 ° 01 ' 57 " E , with the westerly line of the said H.T. &
B.R.R . Co . Survey , the same being the easterly line of the said
J.S. Talmage Survey , at a distance of 20.64 feet a found 3/ 4 inch
iron pipe bears S 89 ° 58' 03" E , 2 . 20 feet in length , at a
distance of 648. 88 feet a found 1 inch iron pipe bears S 89 ° 58 '
03" E , 0 . 89 feet in length , in all a distance of 3300 .01 feet to
a 3 / 4 inch iron pipe found at the southwesterly corner of Lot 4
and the northwesterly corner of said Lot 5, Section 81 , both out
of the said Allison-Richey Subdivision ;
THENCE N 89 ° 59 ' 49" E , along the north line of said Lot 5 and
the south line of said Lot 4, Section 81 , a distance of 880 . 55
feet to a 1 inch iron pipe found at the common corner of said
Lots 4 , 5 , 14 , and 15 ;
THENCE North , along the west line of said Lot 14 and the east
line of said Lot 4, Section 81 , a distance of 495. 57 feet to a
set 5/ 8 inch iron rod marking the common corner of said Lots 3 ,
4, 13 , and 14, Section 81 ;
THENCE West , with the common line of said Lots 3 and 4, Section
81 , a distance of 880 .00 feet to a 5/ 8 inch iron rod set in the
west line of said A .T . & B.R .R . Co. Survey and in the east line
of said J.S. Talmage Survey ;
THENCE North , along the west lines of the said H .T . & B .R .R . Co .
Survey and said Lots 2 and 3 , Section 81 , and the easterly line
of the said J . S . Talmage Survey , a distance of 990 .00 feet to a
5/ 8 inch iron rod set at the northwest corner of said Lot 2 and
the southwest corner of Lot 1 , Section 81 ;
THENCE S 89 " 21 ' 35" E , along the common line of said Lots 1 and
2 , Section 81 , a distance of 877 . 60 feet to a 1 inch iron pipe
found at the common corner of said Lots 1 , 2 , 11 , and 12 , Section
81 ;
THENCE North , along the common line of said Lots 1 and 11 ,
Section 81 , a distance of 495 . 00 feet to a 5/ 8 inch iron rod set
at the northeast corner of said Lot 1 , the northwest corner of
said Lot 11 , Section 8 ] , and also being in the centerline of
County Road No . 92 , a 40 foot right -of-way ;
THENCE East , along the north line of said Lot 11 , Section 81 , the
same being the said centerline of County Road No . 92 , a distance
of 880.00 feet to a 5/ 8 inch iron rod set at the northeast corner
of said Lot 11 and the northwest corner of Lot 21 , Section 8] ;
THENCE South , along the east line of said Lots 11 and 12 and the
west line of Lots 21 and 22 , Section 81 , a distance of 990 .00
feet to a 5/ 8 inch iron rod set at the common corner of said Lots
12 , 13 , 22 and 23 , Section 81 ;
THENCE S 89 ° 56 ' 57 " E , along the common line of said Lots 22 and
23 , Section 81 , a distance of 879 . 89 feet to a 1 inch iron pipe
found at the common corner of said Lots 22 , 23 , 32 , and 33 ,
Section 81 ;
THENCE North , along the east line of said Lots 21 and 22 and the
west line of said Lots 31 and 32 , Section 81 , a distance of
990 .00 feet to a 5/ 8 inch iron rod set at the northeast corner of
said Lot 21 , the northwest corner of said Lot 31 , Section 81 , and
also being in the said centerline of County Road No . 92 ;
THENCE East , along the north line of said Lot 31 , Section 81 , and
the said centerline of County Road No . 92 , a distance of 386 .35
feet to a 5/ 8 inch iron rod set at the southwest intersection of
said County Road No . 92 and a State Highway No . 288 Right -of-Way
Acquisition , described by instrument recorded in Volume 1041 ,
Page 455 , of the Brazoria County Deed Records ;
THENCE S 00 " 12 ' D3 " E , along the west right -of - way line of the
said State Highway No . 288 Right -of - Way Acquisition , at a
distance of 21 . 25 feet pass a found concrete monument on the
south right - of -way line of said County Road No . 92 , in all a
distance of 61 . 17 feet to a found concrete monument ;
THENCE S 89 ° 45 ' 38" E , along the said west right - of - way line of
the State Highway No. 288 Right -of-Way Acquisition , a distance of
63 . 11 feet to a found concrete monument ;
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THENCE S 45 ° 49 ' 52 " E , along the said west right - of - way line of
the State Highway No. 288 Right-of-Way Acquisition , a distance of
71 . 94 feet to a found concrete monument ;
THENCE Southeasterly , along the said west right - of -way line of
the State Highway No. 288 Right -of-Way Acquisition , along the arc
of a 752 . 37 foot radius curve to the left , a distance of 470 . 49
feet to a found concrete monument ; said arc having a central
angle of 35 ° 49 ' 46" and being subtended by a chord bearing S 21 °
57 ' 10 " E , 462 . 86 feet in length ;
THENCE S 39 ° 52 ' 03 " E , along the said west right -of - way line of
the State Highway No. 288 Right -of-Way Acquisition , a distance of
19 . 92 feet to a found concrete monument ;
THENCE Southeasterly , along the said west right - of - way line of
the State Highway No. 288 Right -of-Way Acquisition , along the arc
of a 694. 15 foot radius curve to the right , a distance of 470 . 18
feet to a set 5/ 8 inch iron rod ; said arc having a central angle
of 38 ° 48 ' 31 " and being subtended by a chord bearing S 20 ° 27 '
47 " E , 461 . 24 feet in length ; said point also being on the west
right -of -way line of County Road No . 566 , a 60 foot right -of-way ,
from said point a found concrete monument bears S 01 ° 03 ' 32" E ,
12 . 77 feet in length ;
THENCE N 88 ° 56 ' 28" E , a distance of 30 . 57 feet to a 5/ 8 inch
iron rod set in the centerline of said County Road No . 566 ;
THENCE South , along the said centerline of County Road No . 566
and the east line of Lots 33 through 35, Section 81 , inclusive , a
distance of 1654 . 28 feet to a 1 / 2 inch iron rod found at the
southeast corner of said Lot 35, Section 81 ;
THENCE N 89 ° 05 ' 48" W , along the south line of said Lot 35 ,
Section 81 , a distance of 876 . 30 feet to a 3 / 4 inch iron pipe
found at the southwest corner of said Lot 35 , the southeast
corner of said Lot 25 , Section 81 , and the northeast corner of
said southwest quarter of the H .T . & B . R .R . Co . Survey ;
THENCE S 00 ° 00 ' 30 " W , along the east line of said southwest
quarter of the H .T . S B .R .R . Co . Survey , at a distance of 508 . 85
feet a found 5/ 8 inch iron rod bears N 89 ° 59 ' 30" W , 3 . 53 feet
in length , in all a distance of 2641 .85 'feet to a "PK" nail found
at the southeast corner of the said southwest quarter of the H.T.
& B .R .R . Co . Survey and in the centerline of said County Road No .
59
THENCE West , along the centerline of said County Road No. 59 , and
the south line of said H .T . & B . R .R . Co . Survey , and the north
line of said R .B . Lyle Survey , a distance of 2202 . 17 feet to a
set 5/ 8 inch iron rod ;
THENCE S 00 ° 03 ' 48" W , at a distance of 19 . 93 feet pass a found
5/ 8 inch iron rod , in all a distance of 494. 90 feet to a 5/ 8 inch
iron rod found in the north line of said Lot 2 , Section 88 ;
L!?..''.\
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THENCE S 89 ° 53 ' 19 " E , along the north line of said Lot 2 ,
Section 88 , a distance of 440 . 02 feet to a 1 / 2 inch iron rod
found at the common corner of Lots 1 , 2 , 11 and 12 , Section 88 ;
THENCE S 00 ° 08 ' 04" W , along the east line of said Lot 2 ,
Section 88 , a distance of 247 . 12 feet to a found 1 / 2 inch iron
rod ;
THENCE N 89 ° 54 ' 58" W , a distance of 879 . 76 feet to a 5/ 8 inch
iron rod found in the west line of said Lot 2 , Section 88 , the
west line of the said R . B . Lyle Survey and the east line of the
said H .T . & B . R . R . Co . Survey , Abstract No . 298 ;
THENCE N 00 ° 03 ' 47 " E , along the west line of said Lots 1 and 2 ,
Section 88 , the west line of the said R .B . Lyle Survey and the
east line of the said H .T . & B .R .R . Co . Survey , Abstract No .
2981 , at a distance of 247 . 54 feet pass a 5/ 8 inch iron rod found
at the common corner of said Lots 1 and 2 , Section 88 , at a
distance of 722 . 29 feet pass a found 5 / 8 inch iron rod , in all a
distance of 741 . 58 feet to the POINT OF BEGINNING and containing
337 . 4901 acres of land .
•
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LAND
USE
DISTRIBUTION
USE
ACRES DENSITY
TOTAL UNITS
WASTEWATER TREATMENT PLANT SITE 3300 -
-
WATER PLANT SITE
1.400 -
-
DRAINAGE
DETENTION FACILITIES •
DRAINAGE CHANNELS, AND
COMPENSATING OPEN SPACE
56.1400
-
-
MAJOR THOUROUGHFARES AND
PERIMETER R.O W.
31.130 -
-
COMMERCIAL RESERvES
20 600 -
-
SINGLE FAMILY RESIDENTIAL
90 00 5d u Ioc
4500 v
PATIO HOMES RESIDENTIAL
923198 7du/oc
6460u
MULTI -FAMILY RESIDENTIAL
42600 2178du/oc
927 0 u
TOTAL AREA
3374899ac TOTAL DU
20230u
OVERALL DENSITY
5 99 0 u /oc
3374899 ACRES
in the
H.T. & B R.R. CO. SURVEY, A-300
and the
R.B LYLE SURVEY, A-540
BRAZORIA COUNTY, TX.
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1 S 00•12' 3'E - 6117'
5 89.45'38'E - 63 II'
l45.49'526E - 71 94'
1
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CURVE DATA
C-I
R •752.37'
A •35.49'46'
L •470.49'
CA0521.5710'E • 462.866
C-2 -
R •69415'
A •38.48.31'
L •47018'
CA•52O'27'47'E - 461 241
LAND USE PLAN
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EXHIBIT
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BRAZORIA COUNTY M UQ Na 10
114605
EXHIBIT "B"
A. Bonds : Bonds may be issued by the district only for
the purpose of purchasing and constructing, or purchasing or
constructing, or under contract with the City of Pearland, or
otherwise acquiring waterworks systems, sanitary sewer systems,
sewage treatment facilities, storm sewer systems and drainage
facilities, or parts of such systems or facilities, and to make
any and all necessary purchases, construction, improvements,
extensions, additions and repairs thereto, and to purchase or
acquire all necessary lands, right-of-way easements, sites,
equipment, buildings, plants, structures and facilities therefor,
and to operate and maintain same, and to sell water, sanitary
sewer, and other services within or without the boundaries of the
district. All district bonds shall expressly provide that the
district shall reserve the right to redeem said bonds on any
interest payment date subsequent to the tenth (10th) anniversary
of the date of issuance at a premium not to exceed two .and
one-half (2-1/2) percent of par value reducing one-half (1/2) of
one percent of par value each year thereafter to par value.
Bonds (other than refunding bonds and bonds sold to a federal or
state agency) shall be sold only after the taking of public bids
therefor, and no bonds shall be sold for less than ninety-five
(95%) percent of par, provided the net effective interest rate on
bonds so sold, taking into account any discount or premium as
well as the interest rate borne by such bonds , shall not exceed
two (2) percent above the highest average interest rate reported
by the "Daily Bond Buyer" in its weekly "20 Bond Index" during
the thirty-day period next preceding the date of notice of sale
of the bonds . Bids for the bonds will be received not more than
forty-five (45) days after notice of sale of the bonds is given.
The order or resolution of the district authorizing the issuance
of all refunding bonds of the district shall be approved by the
City Council of the City. The district' s order or resolution
authorizing the issuance of its bonds will contain a provision
that the pledge of the revenues from the operation of the
district' s water and sewer and/or drainage system to the payment
of the district' s bonds will terminate when and if the City of
Pearland, Texas, or some other city annexes the district, takes
over the assets of the district and assumes all of the
obligations of the district. No land will be added or annexed to
the district until the City of Pearland has given its written
consent by resolution of the City Council to such addition or
annexation.
B. Plans and Specifications: Before the commencement of
any construction within the district, the district, its
directors, officers or the developers and landowners shall submit
to the City or its designated representative all plans and
specifications for the construction of water, sanitary sewer and
drainage facilities to serve such district and obtain the
approval of such plans and specifications by the City. All water
wells , water meters , flush valves , valves , pipes , and
appurtenances installed or used within the district shall conform
exactly to the specifications of the City. All water service
lines and sewer service lines, lift stations , sewage treatment
facilities , and appurtenances thereto, installed or used within
the district shall comply with the City' s standard plans and
specifications. Prior to the construction of such facilities
within the district, the district, or its engineer, shall give .
written notice to the City stating the date that such
thereof, may make periodic on-the-ground inspections. As a
further definition of the terms used in this paragraph, specific
mention of the fact is made that "plans and specifications , "
"standard plans and specifications," "approved plans and
specifications, " or "applicable standards and specifications" are
defined to mean and to require City approval only of the method
of construction and types of materials to be employed therein by
the district and are not meant to limit the discretion of the
board of directors of the district to determine what facilities
may be constructed, paid for and maintained by the district.
C. Plat Approval: The owner or developer of the land
within the district shall covenant and agree that he or they
will, prior to the sale of any residential lot, obtain the
approval of the planning and zoning commission and the City
Council, if normally required, of a plat thereof and properly
record it in the deed records.
The district will not provide water and sewer service to a
residential lot unless the plat covering such lot has been
approved by the planning and zoning commission and the City
Council.
D. Inspection and Reports: Full-time resident inspection
shall be provided during the construction period by district
inspectors. In addition, an additional inspector or inspectors
shall be furnished at City expense, if deemed necessary by the
City Engineer. Daily inspection reports will be kept on file by
the district' s engineer. Monthly inspection reports shall be
furnished to the City. Except as provided in Chapter 54 , all
construction contracts shall be let on a competitive biddings
basis with the contract to be awarded on the basis of the lowest
and best bid by a responsible competent contractor, unless
otherwise approved by the City, which shall include evidence of
the financial condition of the bidders. Bid bonds , payment
bonds , performance bonds and affidavits of payment shall in all
cases be required. Upon completion of construction, submission
of a complete set of "as built" plans to the City by the Engineer
for the district shall be required.
E. Initial Board: At least one of the persons nominated
for appointment by the Texas Water Commission as temporary
directors of the district shall be a person selected by the City
Council.
F. Bond Escrow: The district shall not be permitted to
escrow any funds in excess of two (2) years interest on the bonds
which the district issues and shall levy a tax simultaneously
with the first installment of such bonds and will continue a tax
levy until such bonds are paid in full, unless the revenues of
the system are adequate to discharge such bonds.
G. Bond Sales: Prior to the sale of any series of
district bonds , the district shall secure a letter of the Mayor
that to the best of his knowledge and belief the district is in
compliance with this resolution, and a letter of the Mayor
addressed to the Attorney General of Texas approving the form of
the resolution or order of the board of directors authorizing the
issuance of any bonds of the district, absent the interest rates
on and sales price of the bonds. Such letters of the Mayor shall
be given within a reasonable time upon request.
I . City Recommendations: The City of Pearland, acting
through the Mayor and the City' s financial advisor, will make
recommendations to the board of directors of the district and its
financial advisor as to the amount of bonds that shall be
authorized, the installment sale of such authorization, the
maturity schedule of each installment, the optional provisions to
be contained in such bonds, and the sale and delivery of the
district bonds . However, the district shall be under no
obligation to obtain or comply with City recommendations prior to
sale.
J. Utility Operations: The District will have its water
and sewer system operated and maintained by the City, if both the
City and the district can agree upon mutually satisfactory terms
and conditions.
K. Deposit: Within six (6) months after consent to the
creation of a district is given by the City or within six (6)
months after the district holds a bond election, whichever. is
later, the district shall pay or cause to be paid Twenty Thousand
Dollars ($20 ,000 . 00) to reimburse the City for all of its actual
fiscal, legal and engineering fees and expenses relating to: (1)
necessity and feasibility of the creation of the district; (2)
the financial advisory services described in Subsection (I)
hereof; (3) the City' s review of plans and specifications of the
district' s facilities; and (4) supervision of inspection of
district' s facilities. The district shall also be obligated to
pay additional actual expenses incurred by the City for the
foregoing not to exceed the additional sum of Five Thousand
Dollars ($5 ,000 .00) . Such sum shall be used by the City for the
purpose of paying said costs incurred for that purpose. If any
part of the deposit is not needed for the purpose of paying such
fees and expenses, it shall be returned forthwith to the
district. No interest will be allowed on any deposit. It is
understood that the fees and expenses paid will be those actually
incurred by the City and the City will make an accounting to the
district. The persons requesting City' s consent to the creation
of a district shall be obligated to guarantee the payments
•
PETITION FOR CONSENT TO CREATION OF
A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND:
The undersigned, appearing through duly authorized agents
and representatives, and acting pursuant to the provisions of
Chapter 54 , Texas Water Code, as amended, respectfully petition
this Honorable Council for its consent to the creation of a
Municipal Utility District, and for cause would respectfully show
the following:
I.
The name of the proposed District shall be Brazoria County
Municipal Utility District No. 10.
II.
Said District shall be organized under the terms and
provisions of Article XVI, Section 59 of the Constitution of
Texas, and Chapter 54 , Texas Water Code, together with all
amendments and additions thereto.
III.
Said District shall contain an area of approximately
337.490.1 acres of land, situated within Brazoria County, Texas,
described by metes and bounds in Exhibit "A" , which is attached
hereto and incorporated herein, and no part thereof lies within
the limits of any incorporated village, town or city. Said
District includes territory which is within the extraterritorial
jurisdiction of the City of Pearland pursuant to the Municipal
Annexation Act, Article 970a, Texas Revised Civil Statutes, as
amended, and is not within such jurisdiction of any other city.
IV.
•
by the county tax rolls and conveyances of record since the date
of preparation of said county tax rolls.
V.
Said District shall be organized for the following purposes:
(1) The control, storing, preservation and
distribution of its waters and flood waters, the
waters of its rivers and streams, for all useful
purposes, including municipal, domestic,
industrial and communal uses;
(2) The control, abatement and change of any shortage
or harmful excess of waters , and the protection,
preservation and restoration of the purity and
sanitary condition of water within the District;
(3) The collection, transportation, processing,
disposal and control of all domestic, industrial
or communal wastes, whether of fluids, solids or
composites; and
(4) The fire-fighting purposes set forth in Section
50 .055 Texas Water Code, as amended.
The aforementioned purposes are to be accomplished by any
and all mechanical and chemical means and processes incident,
necessary or helpful to such purposes, to the end that public
health and welfare may be conserved and promoted and the purity
and sanitary condition of the State' s waters protected, effected
and restored.
VI.
The general nature of the work to be done by and within the
District at the present time is the construction, maintenance and
operation of a waterworks system for domestic, industrial and
commercial purposes, and the construction, maintenance and
operation of a sanitary sewer collection system and sewage
�I
and such other construction, installation, maintenance, purchase
and operation of such additional facilities, systems, plants and
enterprises as shall be consonant with the purposes for which the
District is organized.
VII.
There is a necessity for the improvements above described
because the District is located within an area which will
experience a substantial and sustained residential and commercial
growth within the immediate future, is urban in nature and is not
supplied with adequate water, sanitary sewer and drainage
facilities and services. The health and welfare of the future
inhabitants of the District and of the inhabitants of the area
adjacent thereto require the acquisition and installation of an
adequate waterworks system, storm and sanitary sewer collection
and disposal system, and fire-fighting facilities.
The purchase, construction, extension, improvement,
maintenance and operation of such waterworks system, storm and
sanitary sewer collection and disposal system and fire-fighting
facilities will conserve and preserve the natural resources of
this State by promoting and protecting the purity and sanitary
condition of the State' s waters and will promote and protect the
public health and welfare of the community; therefore, a public
necessity exists for the organization of said District.
VIII.
Said proposed improvements are practicable and feasible, in
that the terrain of the territory to be included in the proposed
District is of such a nature that a waterworks system and
sanitary and storm sewer systems can be constructed at a
reasonable cost; and said territory will be rapidly developed as
a residential section and will continue so to develop until the
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IX.
A preliminary investigation has been instituted to determine
the cost of the project, and it is now estimated by those filing
this petition, from such information as they have at this time,
that the ultimate cost of the development contemplated will be
approximately NINE MILLION FIVE HUNDRED THOUSAND AND NO/100
DOLLARS ($9 ,500 ,000) .
X.
The undersigned, in requesting that the City Council grant
its consent as above stated, is willing to accept such consent
based upon the terms and conditions set out below and in
consideration of the City granting its consent for the creation
of a District, the undersigned do expressly agree to comply with
said conditions:
A. Bonds: Bonds may be issued by the district
only for the purpose of purchasing and
constructing, or purchasing or constructing,
or under contract with the City of Pearland,
or otherwise acquiring waterworks systems,
sanitary sewer systems , sewage treatment
facilities, storm sewer systems and drainage
facilities , or parts of such systems or
facilities, and to make any and all necessary
purchases , construction, improvements,
extensions, additions and repairs thereto,
and to purchase or acquire all necessary
lands, right-of-way easements, sites,
equipment, buildings, plants, structures and
facilities therefor, and to operate and
maintain same, and to sell water, sanitary
sewer, and other services within or without
the boundaries of the district. All district
bonds shall expressly provide that the
district shall reserve the right to redeem
said bonds on any interest payment date
subsequent to the tenth (10th) anniversary of
the date of issuance at a premium not to
exceed two and one-half (2-1/2) percent of
par value reducing one-half (1/2) of one
percent of par value each year thereafter to
par value. Bonds (other than refunding bonds
and bonds sold to a federal or state agency)
shall be sold only after the taking of public
bids therefor, and no bonds shall be sold for
less than ninety-five (95%) percent of par,
provided the net effective interest rate on
bonds so sold, taking into account any
discount or premium as well as the interest
rats hnrnP by Gnr h hnnrlc _ Gha1 1 not P_XCP_P_d
r . . � , Ij
•
the bonds is given. The order or resolution
of the district authorizing the issuance of
all refunding bonds of the district shall be
approved by the City Council of the City.
The district' s order or resolution
authorizing the issuance of its bonds will
contain a provision that the pledge of the
revenues from the operation of the district' s
water and sewer and/or drainage system to the
payment of the district' s bonds will
terminate when and if the City of Pearland,
Texas, or some other city annexes the
district, takes over the assets of the
district and assumes all of the obligations
of the district. No land will be added or
annexed to the district until the City of
Pearland has given its written consent by
resolution of the City Council to such
addition or annexation.
B. Plans and Specifications: Before the
commencement of any construction within the
district, the district, its directors,
officers or the developers and landowners
shall submit to the City or its designated
representative all plans and specifications
for the construction of water, sanitary sewer
and drainage facilities to serve such
district and obtain the approval of such
plans and specifications by the City. All
water wells, water meters, flush valves,
valves, pipes, and appurtenances installed or
used within the district shall conform
exactly to the specifications of the City.
All water service lines and sewer service
lines, lift stations , sewage treatment
facilities, and appurtenances thereto,
installed or used within the district shall
comply with the City' s standard plans and
specifications. Prior to the construction of
such facilities within the district, the
district, or its engineer, shall give written
notice to the City stating the date that such
construction will be commenced. The
construction of the district' s water,
sanitary sewer and drainage facilities shall
be in accordance with the approved plans and
specifications and with applicable standards
and specifications of the City, and during
the progress of the construction and
installation of such facilities, the City or
an employee, or a designated agent thereof,
may make periodic on-the-ground inspections.
As a further definition of the terms used in
this paragraph, specific mention of the fact
is made that "plans and specifications,"
"standard plans and specifications, "
"approved plans and specifications, " or
"applicable standards and specifications" are
defined to mean and to require City approval
only of the method of construction and types
of materials to be employed therein by the
district and are not meant to limit the
tras
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,
(4161
C. Plat Approval: The owner or developer of the
land within the district shall covenant and
agree that he or they will, prior to the sale
of any residential lot, obtain the approval
of the planning and zoning commission and the
City Council, if normally required, of a plat
thereof and properly record it in the deed
records.
The district will not provide water and sewer
service to a residential lot unless the plat
covering such lot has been approved by the
planning and zoning commission and the City
Council.
D. Inspection and Reports: Full-time resident
inspection shall be provided during the
construction period by district inspectors.
In addition, an additional inspector or
inspectors shall be furnished at City
expense, if deemed necessary by the City
Engineer. Daily inspection reports will be
kept on file by the district' s engineer.
Monthly inspection reports shall be ' furnished
to the City. Except as provided in Chapter
54 , all construction contracts shall be let
on a competitive biddings basis with the
contract to be awarded on the basis of the
lowest and best bid by a responsible
competent contractor, unless otherwise
approved by the City, which shall include
evidence of the financial condition of the
bidders. Bid bonds , payment bonds,
performance bonds and affidavits of payment
shall in all cases be required. Upon
completion of construction, submission of a
complete set of "as built" plans to the City
by the Engineer for the district shall be
required.
E. Initial Board: At least one of the persons
nominated for appointment by the Texas Water
Commission as temporary directors of the
district shall be a person selected by the
City Council.
F. Bond Escrow: The district shall not be
permitted to escrow any funds in excess of
two (2) years interest on the bonds which the
district issues and shall levy a tax
simultaneously with the first installment of
such bonds and will continue a tax levy until
such bonds are paid in full, unless the
revenues of the system are adequate to
discharge such bonds.
G. Bond Sales: Prior to the sale of any series
of district bonds, the district shall secure
a letter of the Mayor that to the best of his
knowledge and belief the district is in
compliance with this resolution, and a letter
of the Mayor addressed to the Attorney
General of Texas approving the form of the
the Mayor shall be given within a reasonable
time upon request.
H. Utility Rates: The district will use its
best efforts to charge rates for water and
sewer service not less than the rates charged
by the City to its customers. However, the
nature and amount of such rates shall be
within the sole and exclusive discretion of
the board of directors of the district.
I. City Recommendations: The City of Pearland,
acting through the Mayor and the City' s
financial advisor, will make recommendations
to the board of directors of the district and
its financial advisor as to the amount of
bonds that shall be authorized, the
installment sale of such authorization, the
maturity schedule of each installment, the
optional provisions to be contained in such
bonds, and the sale and delivery of the
district bonds. However, the district shall
be under no obligation to obtain or comply
with City recommendations prior to sale.
J. Utility Operations: The District will have
its water and sewer system operated and
maintained by the City, if both the City and
the district can agree upon mutually
satisfactory terms and conditions.
K. Deposit: Within six (6) months after consent
to the creation of a district is given by the
City or within six (6) months after the
district holds a bond election, whichever is
later, the district shall pay or cause to be
paid Twenty Thousand Dollars ($20 ,000 .00) to
reimburse the City for all of its actual
fiscal, legal and engineering fees and
expenses relating to: (1) necessity and
feasibility of the creation of the district;
(2) the financial advisory services described
in Subsection (I) hereof; (3) the City' s
review of plans and specifications of the
district' s facilities; and (4) supervision of
inspection of district' s facilities. The
district shall also be obligated to pay
additional actual expenses incurred by the
City for the foregoing not to exceed the
additional sum of Five Thousand Dollars
($5 ,000.00) . Such sum shall be used by the
City for the purpose of paying said costs
incurred for that purpose. If any part of
the deposit is not needed for the purpose of
paying such fees and expenses, it shall be
returned forthwith to the district. No
interest will be allowed on any deposit. It
is understood that the fees and expenses paid
will be those actually incurred by the City
and the City will make an accounting to the
district. The persons requesting City' s
rk els . .•
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be obligated to guarantee the payments
imposed upon a district as set forth in this
Section.
RESPECTFULLY SUBMITTED this ? J- day of 6tp...r em , 1985.
CENTURY CORPORATION, a Texas
co or tion
ATTEST: //4 "
Aessir Secretary Name:4(4€.-r rQ. ,Foss
�`�Title: N — /,
MAGNOLIA VESTMENT PROPERTIES,
INC. , a Te s co poration
A - 1/i
By-
Secretary ame: ll '
Title:
APPRO ED B LIENHOLDERS:
SOUTHMORE SAVINGS ASSOCIATION,
a Texas savings and loan
association
ATTEST:
r `
By-
Secretary M :
Title.
D. LEWIS
KATHERINE E79;10MI
..411111116.
LARRY B.
'ROBERT B. BRIGGS
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument ‘49. acknowledged before me on Vl e_k
1985 , by Oatik..Z.'l , ASS ► Pre-S ► o of CENTURY
CORPORATION, a Texas corporation.
(SEAL) �.cASt-GL `� ,
CO Akr-
Notary Public in and ci,or
the State of T E X A S
My commission expires:
f`
(4111/
STATE OF TEXAS §
§
COUNTY OF HARRIS §
MARCH 19
This- instrumentwas acknowledged,before .me on ,
1985 , by TOMMY ADKINS , PRESIDENT Y of MAGNOLIA
INVESTMENT PROPERTIES, INC. , a Texas corporation.
(SEAL) J,
Notar P ic in an or
the State of T E X A S
My commission expires: Mary Ellen Fay
8-18-87 Name typed or printed
STATE OF TEXAS §
§
COUNTY OF HARRIS §
i
This =instrument was acknowledged before me on MARCH 19
1985 , by TOMMY ADKINS , PRESIDENT of SOUTHMORE SAVINGS
ASSOCIATION, a Texas savings and loan association.
(SEAL) �C�o
g4Notar P blic inn
and r
the State Qf T E X A
My commission expires: Mary Ellen Fay
8-18-87 Name typed or printed
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on
1985 , I. D. LEWIS.
(SEAL)
Notary Public in -d for
the State of X A S
My commission expire •
Name typed or printed
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument - s acknowledged before ,' e on
1985 , by KATHERINE ' . LEWIS.
(SEAL)
Notary Public in and
the State of T E X A S
My 4 ission expires:
TTomo <sro� r1Y YIYi nfCrq
0°N
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